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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1184   View pdf image (33K)
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1184 INHERITANCE. [ART. 46

1904, art. 46, sec. 35. 1988, art. 46, sec. 15. 1860. art 47, sec. 15.
1820, ch. 191, sec. 1.

15. If no such descendant of such grandfather, then to the father
of such grandfather; and if none such living, then to his descendants
in equal degree; and so on, passing to the next male maternal ancestor;
and if none such living, to his descendants in equal degree.

Ibid. sec. 16. 1888, art. 46, sec. 16. 1860, art. 47, sec. 16.
1820, ch. 191, sec. 1.

16. If no such maternal ancestor, or descendant from any maternal
ancestor, then to the father of the intestate.

Ibid. sec. 17. 1888, art. 46, sec. 17. 1860, art. 47, sec. 17.
1820, ch. 191, sec. 1.

17. If no father living, to his descendants in equal degree, equally.

Ibid. sec. 18. 1888, art. 46, sec. 18. 1860, art. 47, sec. 18.
1820, ch. 191, sec. 1.

18. If no father living, or descendant from the father, then to the
paternal ancestors and their descendants, in the same manner as herein-
fore directed as to the maternal ancestors.
See sec. 23.

Ibid. sec. 19. 1888, art. 46, sec. 19. 1860, art. 47, sec. 19.
1820, ch. 191, sec. 1.

19. If the estate shall be vested in the intestate by purchase, or shall
descend to or vest in the intestate in any other manner than as herein-
before mentioned, and there be no child or descendant of such intestate,
then the estate shall descend to the brothers and sisters of such intestate
of the whole blood, and their descendants in equal degree, equally.

Under this section nieces Inherit to the exclusion of first cousins. No
person can claim under section 21, until those included in this section and
section 20 are extinct, and the proviso at the end of section 27 does not alter
this rule. The word "descendants," construed. Hoffman v. Watson, 109 Md.
545. And see Blwood v. Lannon, 27 Md. 210; Maxwell v. Seney, 5 H. & J. 23;
Suman v. Harvey, 114 Md. 241.

Grand-nephews are not entitled to inherit where the intestate leaves neph-
ews surviving. The proviso at the end of section 27 does not alter this rule.
Where nephews alone inherit, they take per stirpes and not per capita—see
section 27. McComas v. Amos, 29 Md. 138.

Upon the death of a woman intestate and without issue, her husband
being dead, her real estate passes under this section to the descendants of
the intestate's only sister of the whole blood. Conversion. Keller v. Harper,
64 Md. 84.

When property is held by purchase, and when by descent. Mediate and
immediate inheritance. Latrobe v. Carter, 83 Md. 283; Garner v. Wood, 71
Md. 38; Donnelly v. Turner, 60 Md. 81; Stewart v. Jones, 8 G. & J. 30.

For a case construing the words "by purchase" and other words as used
in the act of 1786, ch. 45, and holding that land held by descent from a
brother, was not within that act, and hence, descended as at common law, see
Hall v. Jacobs, 4 H. & J. 245.

This section applied. Phelps v. Phelps, 17 Md. 133.

This section referred to in deciding that an estate passed to the mother
under section 21. Donnelly v. Turner, 60 Md. 85.

Cited but not construed in Poultney v. Tiffany, 112 Md. 633,

See sections 3 and 11, et seq.; also, sec. 27. As to advancements, see
sec. 31.

As to the distribution of personalty, see art. 93, sec. 119, et seq.

As to relations of the whole and half blood, cf. art. 93, sec. 130.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1184   View pdf image (33K)
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